Berndt et al v. California Department of Corrections et al

Filing 846

ORDER vacating trial date and referring case to Magistrate Judge. Signed by Judge Hamilton on 9/10/2015. (pjhlc2, COURT STAFF) (Filed on 9/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTHA BERNDT, et al.,

v.

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Case No. 03-cv-03174-PJH

Plaintiffs,

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CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

ORDER VACATING TRIAL DATE AND
REFERRING CASE TO MAGISTRATE
JUDGE FOR ALL PURPOSES

United States District Court
Northern District of California

Defendants.
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On September 7, 2015, plaintiff’s counsel filed a letter with the court stating that

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plaintiff Martha Berndt had suffered an injury to her back that would prevent her from

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attending and testifying at trial, which is scheduled to begin on September 14, 2015. The

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letter further stated that plaintiff “would prefer that any delay in the trial be for a short

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time.”

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On September 8, 2015, the court held a telephonic conference with the parties to

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discuss the impact of plaintiff’s injury on the trial schedule. Because the court’s schedule

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could not accommodate a brief continuance of the trial date, as requested by plaintiff, it

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gave the parties four options to choose from: (1) a continuance of the trial date to either

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July 2016 (for a two-week trial) or November 2016 (for a two-and-a-half-week trial); (2)

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keeping the current trial date and allowing plaintiff to testify via trial deposition; (3)

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consenting to try the case before a Magistrate Judge; or (4) a second-place trial position

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behind previously-scheduled trials, which would require that the parties be ready to try

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the case with as little as one week’s notice.

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The parties both consented to try the case before Magistrate Judge Vadas, and on

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Se
eptember 9, 2015, the parties sub
,
bmitted a st
tipulation so stating, w
o
which the co
ourt

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gra
anted. See Dkt. 845. Accordingly, pursuant to Local R
e
t
Rule 72-1 and the cons
sent of the

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parties, this matter is ref
m
ferred to Ma
agistrate Ju
udge Vadas for all purposes, inclu
s
uding trial

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and entry of ju
udgment.

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The Se
eptember 14, 2015 tria date is VA
al
ACATED. The parties will be advised of the
s
e
date, time, an place of the next ap
nd
ppearance b notice fr
by
rom Magistr
rate Judge Vadas.

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IT IS SO ORDER
S
RED.

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Da
ated: Septe
ember 10, 2015
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__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

United States District Court
Northern District of California

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